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South Africa Case Law

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Delict [2021] ZAWCHC 24

Minnies v Ayshlie and Another (23032/2014)

Minnies v Ayshlie and Another (23032/2014) [2021] ZAWCHC 24 (12 February 2021)

Court
Western Cape High Court, Cape Town
Case number
23032/2014
Judge
Binns-Ward

The court found that while the plaintiff's injuries were sustained in the course of his employment, they did not arise out of his employment as required by COIDA section 35(1). The risk of being shot by a police officer playing with a firearm is not an incidental risk attaching to employment as a cleaner at a police station. The court distinguished the facts from Minister of Justice v Khoza, where the injured party was a police constable engaged in armed duties. Here, the plaintiff's duties did not involve firearms or exposure to such risks. The Minister failed to discharge the onus of provin…

Source excerpt

  • Vicarious Liability
  • Compensation For Occupational Injuries Act
  • Special Plea
  • Occupational Injury Definition
  • Exclusivity Doctrine
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Delict [2014] ZASCA 167

MEC For The Department of Health, Free State Province v D (924/2013)

MEC For The Department of Health, Free State Province v D (924/2013) [2014] ZASCA 167; 2015 (1) SA 182 (SCA); [2015] 1 All SA 20 (SCA); [2014] 12 BLLR 1155 (SCA); (2014) 35 ILJ 3301 (SCA) (8 October 2014)

Court
Supreme Court of Appeal
Case number
924/2013
Judges
Navsa, Brand, Pillay, Mbha, Schoeman

The Supreme Court of Appeal held that the rape of the respondent, a doctor on duty at a hospital, did not arise out of or in the course of her employment as contemplated by section 35(1) of COIDA. The risk of rape is not incidental or inherent to the employment of a paediatric registrar, and the causal connection required by the Act was absent. The attack was perpetrated by an outsider with no connection to the hospital or the respondent's work, and the motive for the assault bore no relation to her employment. The court rejected the argument that all injuries sustained at the workplace are c…

Source excerpt

  • Compensation For Occupational Injuries And Diseases Act
  • Employer Liability
  • Exclusivity Doctrine
  • Rape In The Workplace
  • Causal Connection
  • Common Law Claims
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.